Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Smt. Akanksha Arzariya in connection with Case Crime No.538 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, district Banda.
The first information report of this incident was lodged by the complainant against five named accused persons including the applicant. It was alleged in the first information report that the named accused persons had taken Rs.50,000/- each from various persons for providing job.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that the applicant is landlady and she has been falsely implication in this case. He submitted that there is no allegation that the applicant had taken money from any person. He submitted that if any money has been given it was given for an illegal purpose. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 20.12.2020 and has no criminal antecedents to his credit, hence she is entitled to be released on bail and she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Akanksha Arzariya involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.2.2021 R./